[Federal Register Volume 68, Number 249 (Tuesday, December 30, 2003)]
[Notices]
[Pages 75287-75289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31956]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-317 and 50-318]
Calvert Cliffs Nuclear Power Plant, Inc., Calvert Cliffs Nuclear
Power Plant, Unit Nos. 1 and 2; Exemption
1.0 Background
Calvert Cliffs Nuclear Power Plant, Inc. (CCNPPI or the licensee)
is the holder of Renewed Facility Operating License Nos. DPR-53 and
DPR-69, which authorizes operation of Calvert Cliffs Nuclear Power
Plant, Unit Nos. 1 and 2 (CCNPP1-2). The license provides, among other
things, that the facility is subject to all rules, regulations, and
orders of the U.S. Nuclear Regulatory Commission (NRC, the Commission)
now or hereafter in effect.
The facility consists of two pressurized-water reactors located in
Calvert County, Maryland.
2.0 Purpose
Section IV.F.2.b of Appendix E, to 10 CFR part 50 requires each
licensee at each site to conduct an exercise of its onsite emergency
plan every 2 years and indicates the exercise may be included in the
full participation biennial exercise required by paragraph 2.c of the
same section. In addition, licensees are to take actions necessary to
ensure that adequate emergency response capabilities are maintained
during the interval between biennial exercises by conducting drills.
Paragraph 2.c requires offsite plans for each site to be exercised
biennially with full participation by each offsite authority having a
role under the plan. Normally during such biennial full participation
exercises, the NRC evaluates onsite and the Federal Emergency
Management Agency (FEMA) evaluates offsite emergency preparedness
activities. The licensee must coordinate and schedule an exercise that
involves multiple governmental agencies at the Federal, State, and
local level. Many local response organizations depend on volunteers. In
order to accommodate this task, the NRC has allowed licensees to
schedule full participation exercises at any time during the calendar
biennium. This gives the licensee the flexibility to schedule the
exercise within a 12- to 36-month window and still meet the biennial
requirement specified in the regulations.
The licensee was scheduled to conduct a biennial full participation
exercise on October 21, 2003. The licensee has requested a temporary
exemption to 10 CFR part 50, Appendix E, Section IV.F.2.c that would
reschedule the planned offsite full-participation emergency exercise
from 2003 to 2004 and subsequent exercises would be scheduled
biennially from the year 2003. The most recently evaluated biennial
full-participation exercise at CCNPP was conducted on September 9,
2002.
3.0 Discussion
Pursuant to 10 CFR 50.12, the Commission may, upon application by
any interested person or upon its own initiative, grant exemptions from
the requirements of 10 CFR part 50, when (1) the exemptions are
authorized by law, will not present an undue risk to public health or
safety, and are consistent with the common defense and security; and
(2) when special circumstances are present. Under Sec. 50.12(a)(2),
special circumstances include, among other things, when application of
the regulation in the particular circumstance would not serve, or is
not necessary to achieve, the underlying purpose of the rule.
The underlying purpose of 10 CFR part 50, Appendix E, Section
IV.F.2.c is to establish requirements for the biennial exercise of
offsite emergency
[[Page 75288]]
plans for the purpose of exercising employees and offsite authorities
having a role under the plan. Where the offsite authority has a role
under a radiological response plan for more than one site, it shall
fully participate in one exercise every 2 years and shall, at least,
partially participate in the other offsite plan exercised in this
period.
CCNPPI had previously scheduled a full-participation emergency
preparedness exercise to be conducted on October 21, 2003, to meet the
requirements of 10 CFR part 50, Appendix E, Section IV.F.2.c. However,
preparation for Hurricane Isabel and subsequent recovery efforts have
consumed the resources of the Maryland Emergency Management Agency
(MEMA) and other local and State agencies having a role under the
Emergency Response Plan. The drill occurred, as scheduled, without the
State of Maryland and local agency participation.
Calvert Cliffs has previously conducted one full-participation
emergency preparedness drill on September 9, 2002. Additionally, site-
wide non-state participation drills were conducted on June 24,
September 9, and October 21, 2003. Although not evaluated by NRC and
FEMA, the June, September, and October 2003 drill results have been
critiqued by the CCNPPI emergency response organization and
independently by their Nuclear Plant Assessment Department. Issues
identified during these drills and critiques are being resolved under
the licensee's corrective action program.
Calvert Cliffs has maintained emergency preparedness in accordance
with the Emergency Response Plan. Requirements for semi-annual health
physics exercises were met by the conduct of the June, September, and
October 2003 drills. The requirement for a post-accident sampling
exercise was met on October 9, 2003. The annual requirement for an
environmental sampling exercise was met on July 28, 2003. A dose
assessment office exercise was conducted on October 17, 2003. The
annual requirement for a severe accident management exercise was met on
October 21, 2003. State and county agencies conducted a FEMA evaluated
ingestion pathway exercise on October 22-24, 2003.
The State of Maryland and local governments have maintained
radiological emergency preparedness by fully participating in the
ingestion pathway exercise on October 22-24, 2003. Additionally, the
State agencies participated in the federally evaluated Peach Bottom
Atomic Power Station exercise on November 19, 2002. Calvert County
Public Safety, Calvert Memorial Hospital, and local rescue squads
participated in a simulated contaminated injury drill at CCNPP on
August 15, 2002. Two FEMA areas requiring corrective action and one
planning issue await final dispositioning pending completion of the
next full participation exercise.
CCNPPI has discussed the proposed deferral of the full-
participation exercise with FEMA, MEMA, and other local and State
agencies having a role under the Emergency Response Plan. All of these
agencies have indicated support for the proposed change in light of
present circumstances that are beyond their control. Preparation for
Hurricane Isabel and subsequent recovery efforts have consumed MEMA and
local county resources that would have otherwise been used to support
the evaluation scheduled for October 21, 2003.
The NRC has provided flexibility in scheduling full-participation
emergency preparedness exercises by allowing licensees to schedule them
at any time during the biennial calendar year. This provides a 12- to
36-month window to schedule full-participation exercises while still
meeting the biennial requirement specified in the regulations.
Conducting the Calvert Cliffs full-participation emergency preparedness
exercise in calendar year 2004 places the exercise past the previously
scheduled 2003 biennial exercise. However, the interval between
biennial exercises would, at the most, be about 25 months, which is
within the parameters of the existing general policy and practice.
The licensee states that between October 2003 and September 2004,
measures will be taken to maintain emergency preparedness at CCNPP. The
existing training and drill schedule currently in place for emergency
response activities will remain in place and be adjusted as necessary
to ensure the readiness of both onsite and offsite emergency response
personnel. For onsite emergency responders, this includes annual
training and participation in drills. Calvert Cliffs will conduct
quarterly combined functional and/or activation drills and a self-
evaluated annual exercise. These drills and the self-evaluated annual
exercise satisfy the drill requirements of 10 CFR part 50, Appendix E,
IV.F.2.b. Offsite agencies in Maryland are routinely invited to, and
actively participate in, these drills and exercises as a training
activity for offsite response personnel. Local response groups conduct
annual training and participate in emergency operations center drills.
Representatives of the Calvert Cliffs plant staff meet routinely with
State and local emergency management and support groups. The
rescheduling of the biennial exercise has been discussed with these
parties and is supported by both State and local representatives. These
measures will maintain an acceptable level of emergency preparedness
during this period.
The licensee has met the special circumstances criteria of Sec.
50.12(a)(2)(ii), (iv) and (v) of 10 CFR. The circumstances dictating
the request for exemption are beyond the licensee's control and the
licensee has made a good faith effort to conduct the exercise and
comply with the regulations. The activities centered around Hurricane
Isabel rendered the conduct of a full-participation exercise
impossible. Application of the regulation would not have served the
underlying purpose of the rule, which is to train employees and offsite
authorities, in that State and local officials were not available to
participate in the exercise. Postponement of exercise conduct was a
benefit to public health and safety by allowing State and local
resources to be applied to hurricane recovery. There is no decrease in
safety as the evaluated exercise will be rescheduled in 2004, at a time
when full-participation of State and local agencies will be possible
and the licensee's drill program will include offsite agency
participation as a compensating measure, thus contributing to the
justification of the exemption. The exemption only provides temporary
relief from the applicable regulation, in that the licensee is planning
to conduct the exercise in the next calendar year and has not requested
any permanent changes in future exercise scheduling. The regulations of
this part do allow for the postponement of exercises and the
regulations have been invoked previously for appropriate circumstances.
This being the case, the occasional need to postpone exercises was
considered as a potential circumstance. The staff has determined that
the conduct of the full participation exercise as early as practical in
2004 is prudent.
The NRC staff examined the licensee's rationale to support the
exemption request and as set forth above, has determined that the full-
participation exercise for year 2003 be deferred to 2004 and subsequent
exercises be scheduled biennially from year 2003.
Therefore, the staff concludes that granting an exemption under the
special circumstances of 10 CFR 50.12(a)(2)(ii) is appropriate.
[[Page 75289]]
4.0 Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
50.12(a), the exemption is authorized by law, will not endanger life or
property or common defense and security, and is, otherwise, in the
public interest. Also, special circumstances are present. Therefore,
the Commission hereby grants CCNPPI a temporary exemption from the
requirements of 10 CFR part 50, Appendix E, Section IV.F.2.c with
respect to the rescheduling of the planned offsite full-participation
emergency exercise from 2003 to 2004 and subsequent exercises will be
scheduled biennially from the year 2003.
Pursuant to 10 CFR 51.32, the Commission has determined that the
granting of this exemption will not have a significant effect on the
quality of the human environment (68 FR 71172).
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 22nd day of December, 2003.
For the Nuclear Regulatory Commission.
Eric J. Leeds,
Acting Director, Division of Licensing Project Management, Office of
Nuclear Reactor Regulation.
[FR Doc. 03-31956 Filed 12-29-03; 8:45 am]
BILLING CODE 7590-01-P